Thomas, re [2008] NZLLA 1773 (17 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1773/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RONY THOMAS pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at WELLINGTON on 21 November 2008

APPEARANCES

Mr R Thomas – applicant
Sergeant C A Marner – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rony Thomas for a General Manager's Certificate. The application was filed with the Wellington District Licensing Agency on 10 June 2008. In his application form Mr Thomas disclosed that he had been convicted in respect of a charge for driving with an excess blood alcohol content.

[2] Mr Thomas has been working at licensed premises known as the "Duxton Hotel" in Wellington for the last five years. The application contained supportive references from the hotel as well as the relevant Licence Controller Qualification.

[3] The position is that on 31 August 2007 Mr Thomas was stopped while driving in Ohakune. He was subsequently breath tested and elected for a blood sample to be taken. On analysis this sample was found to contain 112 milligrams of alcohol per 100 millilitres of blood.

[4] Mr Thomas acknowledged that the may have drunk up to five glasses of rum and coke. His offending was aggravated by the fact that on the night in question he had previously been given a warning not to drive in his current state. On the other hand it is fair to point out that there are no other matters known about Mr Thomas.

[5] We understand from Mr Thomas' evidence that he had been the holder of a General Manager's Certificate at the time and that certificate was due for renewal. Mr Thomas received advice that he would not be able to renew his certificate, and accordingly, he did not do so. As a consequence, a considerable amount of extra inconvenience has resulted for himself and his employers.

[6] On the other hand it is clear that the lesson has got through to Mr Thomas. It is equally clear that there are no abuse issues in relation to the management and control of the licensed premises where he has been working for so long.

[7] In our view we see no reason to depart from the current guideline that anybody with an isolated drink driving conviction will be expected to see out an incident-free two-year period. That is the standard length of time in which a person can demonstrate, by staying out of trouble, that they have learned from the experiences of the past, and are able to apply lessons that have been learned in a much more prosocial way. In other words any applicant has that period of time to establish that the offending is isolated and will not be repeated.

[8] In the case of Mr Thomas that period has not yet expired. We see no reason necessarily to reduce that normal period. Accordingly, rather than decline the application we have decided that the application will be adjourned for a period of nine months. After that period of time we will call for further reports. If there are no other adverse matters in relation to Mr Thomas, the application will be granted on the papers without the need of a further hearing.

[9] In view of the particular premises where Mr Thomas works and the support that he has, we anticipate that he could be appointed as a temporary or acting manager provided the provisions of ss.128 and 129 of the Act have been observed. We would anticipate however that any such appointment would take place in the last three months of the adjourned period.

[10] The application is adjourned.

DATED at WELLINGTON this 17th day of December 2008

B M Holmes
Deputy Secretary

Rony Thomas.doc(aw)